The trademark MichelQuell was filed by Elisabeth Wihan, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 18, 2021, and received one opposition filed on November 18, 2021 by Rivella Aktiengesellschaft on Likelihood of confusion. the opponent was represented by HEUKING KÜHN LÜER WOJTEK - PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on October 4, 2021. A transfer of the trademark registration was recorded on October 5, 2021. A transfer of the trademark registration was recorded on March 15, 2022. Change of name and address of the trademark registration was recorded on July 10, 2022. A transfer of the trademark registration was recorded on March 30, 2023.
The Opposition with reference B 003158500 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 18 with following description of goods:
Bags
Garment carriers
Bags for sports clothing
Bags made of imitation leather
Art portfolios [cases]
Waterproof bags
Bags for sports
Parasols
Umbrellas and parasols
Plein air umbrellas
Umbrellas
Rainproof parasols
Covers for parasols
Combination walking sticks and umbrellas
Patio umbrellas.
The mark was filed in class 25 with following description of goods:
Weatherproof clothing
Clothing containing slimming substances
Formalwear
Japanese traditional clothing
Infant wear
Headbands [clothing]
Veils [clothing]
Maternity bands
Shoulder wraps [clothing]
Sweatpants
Ear muffs [clothing]
Sweatbands
Clothing of imitations of leather
Cuffs
Bridesmaids wear
Bottoms [clothing]
Fingerless gloves
Knitwear [clothing]
Gloves [clothing]
Tee-shirts
Short-sleeve shirts
Mock turtleneck shirts
Shirts and slips
Crew neck sweaters
Padded shirts for athletic use
Sweaters
Long sleeve pullovers
Denim jeans
Mock turtleneck sweaters
Hooded tops
Blue jeans
Baby tops
Cotton coats
Fleece tops
Sleeveless jerseys
American football shorts.
The mark was filed in class 32 with following description of goods: